Welcome to the planning board regular meeting on Thursday, July 10th, 2025 at 9:30 a.m. Please silence your cell phones. Um, I would like to welcome our new member, Greg Ba Bobby, to the planning
board after we learned how to say his name. Okay. Um, Mr. Hart, please call the role. Member Brown, member Bobby, present. Member Powell, present. Member David,
present. Member Axelrod, present. Vice Chairperson Rosen, present. Chairperson Mendelson present. Town attorney Ruben present. Thank you. Great. Could we all rise for the pledge of allegiance? I pledge allegiance to the flag of the
United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Okay. Is there a call for a motion to
accept the agenda as presented? So move second. Okay. All in favor? I I Okay. Swearing in of the public. For those giving testimony, please stand and raise your right hand to be sworn in by
and provide testimony for the application you are affiliated with. Mr. Hart, please swear in those giving testimony. By the authority vested in me is a notary of the state of Florida. Do you swear or affirm that the testimony that you're about to give is the truth, the
whole truth, and nothing but the truth? Thank you. You may be seated. Okay. Are there any corrections to the minutes of June 12th, 2025? Hearing none, may I have a motion to approve the minutes of June 12th?
I move we approve the minutes of June 12th. Second. Okay. All in favor? I I unfinished business. None. New business. Proposed amendments to the town code of ordinances regarding the town's comprehensive plan based on the
evaluation and appraisal review. Do any board members have any expart communications to disclose? No. Okay. At this time, I now open the public hearing. Town planner an Allen, please present the proposed amendment.
Okay. Good morning, uh, Ingred Allen, town planner. Um, I did first want to acknowledge, uh, some public comments that we received. Uh, we received public comments on July 7th and July 8th. Those were emailed to the board uh by the town clerk and I believe uh, you also have
hard copies of those uh, public comments as well. Um, given the volume of the proposed amendments, uh, we did email the planning board uh, the, uh, packet on June, sorry, June 24th. That's right. Um, we wanted to be sure that you all
had ample time to review the item. So, these proposed amendments, these are a result of an evaluation, appraisal, review of the town's comprehensive plan, uh, that was conducted by the town's planning consultant, which is Inspire Placemaking Collective. I'll just refer
to them as Inspire. Um so the uh Florida statutes and this is all um in your staff memorandum on page nine. Florida statute requires every local government to review their comprehensive plan at least once every seven years uh to be
sure whether they're compliant with Florida statute. Florida statutes often change. Um another thing that may trigger amendments is maybe changes in local conditions. Um so staff uh did a preliminary review with our consultant and uh it was clear that we needed to
make amendments to our comprehensive plan. Um I do note in your staff report that on December 19th of 2024 we did send a letter to the state land planning agency which is Florida Commerce advising them that yes indeed we'll be amending our comprehensive plan. We had
a deadline of January 1st of 2024 to 2025 to advise again the state a state land planning agency whether we were going to go ahead and change the comp plan or not or propose amendments. So they actually acknowledge our notification letter that same day
December 19th and then uh per statute we have to transmit those amendments one year from that notification date. we have to transmit them to the state land planning agency and other state reviewing agencies that typically review these types of amendments. Um I also
wanted to let the board know that Inspire held a kickoff meeting with staff. Uh this was uh held on December 9th of 2024. All the department heads were invited. Uh this was this evaluation appraisal review was very much a collaborative effort through
various uh town departments. And so we've been working on these proposed amendments with Inspire for six months now. It's going through a lot of review. Um in your packets um actually on page nine uh I provide you a list of all the amendments. So the town's comprehensive
plan which by the way is always available on the town's website under the building department tab. Uh we have nine elements. We have over 200 goals objectives and policies as well as a map series. So the proposed amendments um we are adding a whole new data and analysis
section. Our current comp plan right now has no data and analysis. We have no information about population projections, nothing. So we have a brand new data and analysis that was provided is provided to you all. We're also changing the proposed map series. The current maps that we have in our comp
plan, they're kind of integrated with the goals of directors and policy. Some of them are from 1988. So we have a whole new brand new map series. And you can see that the colors, you know, kind of match our town logo and what have you. And then of course we have proposed changes to the goals, objectives, and
policies. Um, any underlined text means it's a proposed addition. Any text where you see a strikethrough is obviously a proposed deletion. Um, also in your packets on page 108, I provided you all the town's ordinance process flowchart. So these amendments trigger an
ordinance. You you approve them via an ordinance. So if you look at that flowchart, the first step in getting an ordinance approved is you go before the commission for an introduction or a conceptual review. So the proposed amendments did go before the commission on June 17th of 2025. The commission did
make a motion to move the amendments to the planning board for review. That motion carried 50-0. So the board uh you will be making a recommendation today. You are also not only the planning board, but you're the local planning agency per the code. It's in the code that you are. So, you'll make a recommendation to the commission. Then
the amendments will go to the commission for a transmitt hearing. If the commission agrees to transmit the amendments, uh then staff will go ahead and transmit them again to the state land planning agency, Florida Commerce, and to a variety of state agencies that review these type of amendments. Florida
Department of Environmental Protection, Florida Department of Transportation, Florida Department of State, etc., etc. Um now once they receive those amendments they'll provide the town with an ORC report. It's an objections recommendations and comments report
within 60 days. Once we get that report staff along with inspire will review those. We'll address any comments. We'll document that in the staff report because the item will go back to the commission for an adoption hearing. So that at that adoption hearing the commission will determine where they want to move forward with the adoption
of the amendments. So, with all that said, let me go ahead and introduce um our inspired team. We have Chris Darity, who's the principal, and we have Emily Agara, who is the planner. Um, and with that said, I'll go ahead and give them
the floor. Hi, good morning. Thank you, Ingred, for the introduction. I'm going to share my screen for a brief presentation. So, good morning planning board members. My name is Emily Agger and I'm a planner with Inspire Placemaking Collective and
the project manager for this project. Alongside me is Chris Dardy, principal planner of our firm and principal in charge. So over the past several months, we've had the opportunity to collaborate closely with the town to prepare an update to the comprehensive plan, which is the vision document of the city and
brings us here today. Just as a brief introduction, Inspire Placemaking Collective was founded in 2022 as a spin-off of SNME. We have over 30 professionals specializing in planning and landscape services as shown in this slide.
The purpose of today's hearing is to present the draft amendments for your recommendation. We will begin with a brief overview to explain why the comprehensive plan is being updated and walk you through the amendment process. Then we will summarize the key changes and outline the remaining steps through
adoption. So, just to reiterate some of the um points that Ingred mentioned, on December 19th of 2024, staff notified the Florida Department of Commerce, which is the state land planning agency, that amendments to the town's comprehensive plan were due. This last
update was completed in 2018. The amendments are part of the evaluation and appraisal review, also known as EAR, which state law requires every seven years to ensure the plan remains consistent with Florida statutes. The town is required to transmit these amendments within one
year of this notification. The amendments presented today extend the plan through the 2045 planning horizon, but it's important to note that in 2023, the statutes were updated to require both a 10 and 20 year planning period um to address growth through the
planning horizon. So this amendment process involves three overarching steps being data and analysis, the goals, objectives and policies and required public hearings. So as part of data and analysis, we first gathered data for provided by the city and through our own research
reviewed each plan element to ensure its information is current. Next, as part of the goals, objectives, and policies, we first used a legislative compliance matrix to identify the necessary revisions since the last update. And based on this uh staff dis uh discussion
with staff and best practices we drafted revised goals, objectives and policies. We also updated the map series which is included in your packet. And here we are today as part of the third part which is the required public hearing process.
So this slide here lists the nine elements of the comprehensive plan. You can think of them like chapters or topics such as future land use, transportation, housing, infrastructure, coastal management and conservation, recreation and open space, intergovernmental coordination, capital
improvements, and property rights. So to begin, updates to the plan's references and supporting information involved. Um, as mentioned earlier, the planning horizon was adjusted to span from 2025 to 2045, meeting the straits requirements for a minimum of a 20-year
outlook. Um, in addition, we updated outdo out outdated statutory and regulatory references. For example, uh, references to the former Department of Community Affairs has now been replaced with the Florida Department of Commerce. Um, as well as rules 9J of the Florida Administrative Code, they've been
replaced with the appropriate sections of chapter 163. We also removed completed projects and policies that are now addressed in the land devel land development code to help streamline the document. New plans have been incorporated such as the 10-year water supply work plan, the beach
restoration feasibility study, and the coastal resilient partnerships climate change vulnerability assessment. Finally, we updated data such as portable water flow, which has been added along with edits to improve the clarity and consistency of the text.
Our GIS team also updated the map series um using the most current available data. This includes updates to the future land use, the existing land use, um current projected level of service among others. I believe Ingred said this is included
in your packet. Um this slide highlights several recent statutory requirements and preeemptions that have been incorporated into the updated plan. Um, for example, we understand the town only has sanitary sewer, but we included language to make sure that all future development
connects to sanitary sewer, and this aligns with the state's priorities for environmental protection and long-term infrastructure and resilience. The update also adds another policy stating that the town shall allow floating solar facilities on storm water treatment ponds and other water storage
reservoirs within the designated future land use categories. We also added a policy to recognize and protect resilience facilities such as infrastructure needed to withstand or adapt to climate impacts. There's also a state level preeemption
uh related to fuel terminals. However, we don't see this impacting or affecting the town as these types of facilities aren't permitted or anticipated within the town. Here we included a quick reference guide to the statutory updates and how they've been addressed throughout the plans. It
outlines the key topic areas where the statutes are referenced and key points to where you can find the corresponding updates in the document. It's really just help um meant to help you navigate and understand how the plan responds to new requirements. Um the remaining steps in the amendment
process include a transmitt hearing for town commission um tentatively on August 5th of 2025. um transmitt. If the commission votes to transmit the amendments, the updated comprehensive plan will be sent to Florida Commerce for state coordinated review. This is an opportunity for state
and regional agencies to have uh a chance to provide comments. And that typically lasts about 60 days. If any comments are received, we'll collaborate with staff to prepare responses and make the revisions as necessary. And once that is complete, the town commission will hold a final adoption currently
anticipated later this year. And so this concludes our presentation um for the comprehensive plan update. We appreciate your time and attention today and welcome any feedback and suggestions. Thank you. Do Okay. Okay. So um the way this looks
like it works is that we on the board can discuss this now for a while and then open up to public comment or we can take the public comment and then talk about it ourselves afterwards. Is there any preference among the board members?
Okay. So, my preference would be to open it up to public comment and then we can have all our discussions after having heard everything. Okay. So, um uh at this time I now Okay. Okay. If there are any members of the public who would like to comment on the proposed
ordinance, please come to the podium and provide your name and address. You will have three minutes to speak. Yes, sir. Name and address, please. Hi. How long do I have? Three minutes. Oh, it's Tim Routollo, formerly of 3,400
South Ocean Boulevard, now in Boca Raton, just over the the border. So, you don't live in Highland Beach now. Okay. Not presently, but I I intend to be back if you'd like to know. I'm working on on regaining some properties
that me and my family. Okay. Okay. Three minutes. And so, uh, I often use the shared path here in town by bike walking. And there's other people using the
shared path by motorized bike wheelie unicycle dog walking with coffee and cell phone and two leashes trying to contain their
dogs spread out all the way beyond the path and it makes it difficult. Um, but you know, if you have a horn or a bell, it helps. And the police can, of course, get involved if they need to. I've been recommending or
suggesting some changes to the to the shared path for some time. I sent in some some public comments to the uh town manager as recently as last month maybe or Yeah. And also to the to the town clerk um
about these things. I also sent to the planning board members, but a lot of y'all have me blocked. I'm not sure what the blockage is all about. I guess you don't want to hear about these kinds of things, but I think the
the ordinances for for the shared path and biking and things of that, I I sent what I could find on your website to the town manager and to the to the town clerk and to others. And it needs to be upgraded. There's a lot of conflicts
and I hope that you would take that up as a part of this process. 7 years is a long time and like Mr. Brown I were speaking in the on the way in. He doesn't even bike anymore because he's afraid to bike on the road. He said and
there's so many people getting killed. Just widening the bike lanes to 3 ft isn't going to help that much. So we'd like to see something done with the shared path if you don't mind. Thank you so much. Thank you. Um
I I'm just not sure if you're talking about the walking path or the bike lanes that you say aren't wide enough. I think he's saying hello. Well, just let him answer. Oh, I think the Florida Department of
Transportation is right now working. They are on widening the the bike lanes on the uh on the Margaritavville Expressway or I'm sorry, the Jimmy Buffett Memorial Highway. I think we're getting some
signage as a part of that product I project. My question was I believe they're widening the path to three feet. It's 5T. It's not enough. Maybe it was three before. I don't know. 5 ft's not enough. You've seen the packs of bikes coming through.
Okay. Is that So your comment is not on the When you say shared path, you don't mean the sidewalk, you mean the bike lanes. Is that what you mean? Or which one? The Florida Department of Transportation is making the changes to the I know they're not making any changes to the
shared What is your complaint about the shared path walking path or the bike lanes or both? The shared path walk. It's called a shared path because it's not a walking path. It's a shared path. Okay? It's for bikes and other
right things. And so it's the shared path that I'm asking for improvement. I just got hit in the head by a branch right outside my old residence the other day because it was hanging down. I didn't see it. Hit me right in the head. Knocked my hat off. I thought I was going to maybe be hurt,
but I wasn't. I got a hard head. Okay. Thank you. But these things, if you look at the fire department, the the foliage is cleared all the way up almost to the sky. Sir, thank you. Um, I've never blocked
my email address in my life except to people who are spamming me. And so, um, if there's I'm just going to reach out to Mr. Hart. If there's been anybody who sent um emails about this, we should
read them and discuss them, but it's not for this meeting. But okay, thank you very much. Is there anyone else? Um do Ingred, are we supposed to read the comments that were sent in writing or
into the record or it's just in the record? I'll I'll let Jacqueline address that. Okay. No. Okay. So then we won't do that. Okay. So, uh, are there any other members of the public here who wish to discuss this amendment process and the, um, the this
proposed amendment to the town's comprehensive plan? Okay. So, hearing none, um, I'd like to open it up to the board members, and I think we should just go down the row and hear your comments if there's any, and then we can
talk about them. So, Greg, do you want to start? Let the new guy start. I like it. Um I actually have uh two questions for Ingred. If you could come back up. Uh my first question was, is there a conflict in there's a statement in here.
It says the town shall implement policies and regulations to protect and preserve environmentally sensitive areas. I was looking at the maps and you have the old map and the new map. the new map uh doesn't have the conservation areas anymore. It looks like they were
removed. Do those two um conflict or you were actually just talking about there's a map update. So maybe that's related to it and I know our packet is a a black and white and I may go ahead and have the consultant address that because they did prepare the maps. Hold on.
It looked to me there was uh three locations or so that were uh conservation areas on the original map, but on the 2045 plan map they seem to be removed. Okay. You're talking about the future lane use map. Oh, okay.
um they should not I mean that this is I'm curious where you saw so you saw those on the existing it may have been on the existing future lane use versus future lane use which is two different so yes exactly let me get um and I I have it on my laptop here if
you want to see it that you're looking at these green spaces here titled recreation opening space and then in the future land use map it looked like they were removed.
Maybe not the future land use map. We do any special one of the first maps and scrolling page 37. Page 37 is a future land use map. So you have conservation and then you have
recreation open space. So those same uh locations were there is what you're saying? Uh there have been no changes. I mean if there were changes there we'd have to do a future land use map amendment. Okay. Um I'll be happy to look at our current one that we have. Um let me just take a
quick look. I have the actual comp plan. It was those three green sections that look like they might have gotten absorbed into this. The only changes to the future land use map was the reference to the planning year and um obviously the aesthetics. There were no changes to any
of the designations. Again, anytime you change a future land use map, there's a whole process you have to go through. Planning board approval, two meetings for the commission has to go to the state. So, let me just double check. Uh so, yeah, we have government. So we have
the town hall is the government and then it was just uh it looked like the conservation area section had changed. That was all. Okay. So I'm checking the conservation. Oh, I'm sorry. Uh conservation areas were changed to recreational open space or low density multif family is what it
looked like. And this was going from the original PDF that I uh was on the website. Yeah, the recreation open space. I'm checking it against our current future land use map. You have four parcels. So,
I will put those up. Yeah. Green. No future. So you I'm sorry, Mr. Bob. You're comparing the future lane. You said existing or is that what you're doing? Comparing the existing and future. You're referring to these properties right here, the green ones.
Uh yes, those uh yep, the conservation areas. Looks like there was one just to the north of Belo, for example, a elk one on the existing map.
So right here for example, Ingred. Yeah. See this one here? This green one here. Yeah. Which is not up there on that one. Okay. If you want to say that on the record. So just Chris Dardy uh with Inspire. Um
when looking at the wetlands map, you'll notice that there is according to the wetlands layer there wetlands on that property that you're referring to that's shown as conservation on the existing land use map. Um and just to note, we utilize the department of revenue codes
through the property appraisers office to establish the existing land use. Um so that's the primary use of the land. And so if it provides say like submerged lands or something like that, typically we'll say it's probably more of a
conservation type aspect. Now the comp plan or the future land use map is your policy conservation lands. Those are what have been designated preserved lands essentially. Got it. So that section here, this green section here which is conservation up
there is brown but it's still wetlands. It's just if it was to be labeled as something, it'd be labeled as multif family. That That's correct. And so again, you'd have to go through all the permitting, you know, associated with wetland mitigation and, you know, impact. So, yeah.
Great. Thank you. And then I had one shorter question for Ingred. Um, it discusses in here the 100 foot rideway on uh service road A1A and 50 foot local rideways. Those are both already in existence, right? That's not a
Do you can you tell me the policy that you're referring to just so I could read it? Yep. You you were shaking your head. Yeah. Yeah. No further questions. Okay, great. Evelyn.
Okay. One of my main concerns is not so much I'm not worried about population decreasing. Uh I'm worried about values decreasing. Our tax base is not based on number of
people. It's based on the value of the real estate. When serite fell down, because they're allowed to build back, people did not lose the whole value of their units between what their insurance
was and the building was. And a builder coming in, they were able to at least recoup most of it, if not all of it, sometimes more. Uh we can't do that here. If we're limiting
the build back to in essence what's four stories and you've got 10 15 20 story buildings that destroys the value of the units because no builder is going
to come in and do it for all those units. And I think while I don't know that we will do that here, I do believe that it needs to be sent back to the commission to come up with some plan because I know that it's not as simple
as it sounds. that when you do things like this, very often you find you're doing it with the best of intentions and yet it winds up to come back and hit you in the head because things that you did not necessarily
realize would happen has happened. But we definitely need to think about that. But one of my primary concerns is making sure people's real estate retains its value. I mean obviously barring something like the whole country having
an issue but within what we control I don't want people to lose the value of what they have purchased and that concerns me greatly to be honest. Evelyn, do you have a one of the
paragraphs in here? Because there was something I read that sort of said that maybe we could have higher I don't know. I can't I just can't remember. Do Yes. Future land. That's what I have. Which section? Because I don't have all
the sections with me. Future land use 1.14. Okay, here it is. 1.14 that is seven page yes page one page what
uh page one oh okay so wait actually isn't it future blue one4 okay I didn't bring that page yeah that's transportation um okay it's not
page seven I think did you say seven page one of 46 one of 46 why am I on page page one of 55s. I don't know. Okay. Okay. Yeah.
Yes. So, we don't have 155 only goes up not strike through to 15. So, that's on page 55 of your packets. Okay. Yeah. 55. Madam Chair, may I
Yes. add just a a little bit to the the Sure. the reason why that's in there. Um, so what we didn't touch on in the presentation is that Florida statutes requires every comprehensive plan to plan for at least Bieber, the
projections that the University of Florida prepares every year. Mhm. Um there is no way in in our opinion that the the town can accommodate even Bieber low. I think we identified maybe what 26 new
residents or something like that within the horizon of the plan. Um there is absolutely no way we believe that you can achieve beaver medium. Um the issue that we find is that the density in the comp plan is lower than
what the actual built density is in certain se circumstances. So if we have a surfside situation where building is completely demolished they would not be able to build back to the you know the existing density.
There are some property rights issues associated with that. I won't get into that. that will, you know, let the town attorney deal with that. But, um, we do see a concern for the, you know, the, uh, provision of services, the burden
of, you know, taxes. Again, there are just some things to consider. When we're planners, we we look out to the future, what could cause potential issues down the road. Those are things that uh are concerning to us. So, and that's something that is on the strategic
priority list is this is the language that I remembered seeing that I couldn't find. Additional standards such as maintaining existing heights or footprints may be considered in the land development code. So, it
sounds like it's possible that you could keep the same height amount of units that that that that's envisioned as a possibility. that was the language that I had remembered reading. So, right, I and I believe the the idea is
that these are considerations that the town commission will need to consider, not necessarily we're saying that the code needs to be updated today, but these are things that we need to think about as a town moving forward. And we understand
it's going to take a lot of time to work through that. We're not suggesting we do that as part of this process. We're just identifying it as an issue and that the town's going to have to grapple with that eventually, but we don't think as part of this process it's, you know, the right time.
Yeah. But that really what that shows is that over time different commissions have come up with different ideas, right? And sometimes it works in the long run and sometimes it doesn't. Right. Well, would you want to um in our
recommendation put forth something that says that the planning board um feels that it's you know important as you know that that it's a consideration but that the planning board feels that it's a very important consideration to
keep up values so that people can build back to the whatever they have now. Yes, I think that we should do that and I think that they need to look at all the legal permutations and and what will that occur so that we
right don't lose value for you and the donors. Okay. No, I I agree. I mean there's probably like a million permutations that they could think of, but Chair Mson, if I may, um I did want to advise the board that this issue
actually it's labeled in your in the town strategic priorities plan. It's a zoning district evaluation in parenthesis density. So, this particular initiative is on the strategic priorities plan on the town's plan. Um, it's been on there for quite a while. It's actually number SP19 on under the
projects and initiatives. Um, back in 2023, um, I did a very preliminary memorandum to the commission uh, because there was a property owner that came before the commission and made public comment that they he purchased a property. I think it was on either Russell or I remember was Russell. It it
was a four three or four and he wanted to rebuild it and he couldn't get it back. He couldn't he would only be able to put in one unit instead of the four. So instead of raising the property and for flood
prevention, he just renovated what was there. Right. And we'd like to encourage people building up their property for flood impre I flood issues not limiting them from doing it right. And the developers too I mean you
want developers to come in if there's like I mean I know Tuscana is an outlier but you know it it was approved at a point so whatever. I mean, I don't know. But so now that it's referenced in the comprehensive plan, maybe the commission
will move that initiative a little bit further up on the priorities list. Uh but again, this has been on the on the strategic priority plan for several years now. So just on a high priority at the moment, that was the result of a lawsuit
and I really would not want to put the town in a position of defending unnecessary lawsuits. Right. It's true. But the lawsuit was because an earlier commission had approved the height of the and then they
tried to take it back. That was the lawsuit. So you can't approve something and then say, "Oh, I changed my mind." Well, you can, but one suit and you lose. So, but in fact, you're absolutely right. You're stuck with what a previous commission has.
Isn't that how all of our government works? Yes. So, okay. Um, all right. Anybody anything else, Evelyn, or should I move on? Um, I have just one question. What's
vacant generalized design? Um, is it a specific policy that you're referencing or No, the term was in here and it just I didn't know what it referred to. I'm sorry, what was the quote again?
vacant generalized design. So, I'm guessing it's general generalized design for vacant property is what I would read it as. I may have to defer to the consultant and is it under the data and analysis or you're not sure where you got it from?
I just made notes as I read through word search. That's what I'm doing right now. Um I mean to be fair we don't have a whole lot of vacant property. No one I Yeah. I did a look at it every day.
Yeah. There there is one and that property also if I'm not mistaken it does have wetlands. However, he bought wet land someplace else and traded it with the county to be able to
use at least a portion of And he didn't finish the deal. He made the deal but didn't complete it. So, but yeah, it's really only one. Yeah. No. I don't think you're generalist but not
Oh, okay. Well, let's just make it generalist. Yes, part of the Okay. Can I Let's move along and then you guys can find it and tell us. Okay. Because I don't want to waste time for you to look up something. Okay. David.
Yes. I'm going to make a comment to this gentleman's comment. If you look at number four, the recreation and open space, it does say that both the sidewalk and the thing and in the future considerations, it says current meeting
level, etc. It should it could consider and I would recommend should consider enhancing the pedestrian path and biking trail. So that is in this comprehensive plan. Uh it's in SE I don't know, but it's in section four. It's called recreation and
open space. All right. Of the pack. It's not about pack. It's basically number four of the comprehensive plan. Oh, okay. So, that is there. And has that been changed at all? It doesn't look like there's been any change. The only thing I would consider
say I think it said it should be I know that years ago when I was on the planning board we went through a whole thing with the town and it was an overpriced situation but I think we should cons should should consider doing a more modified plan in the future.
Okay. Okay. Secondly, the only thing uh else I look at the housing situation and the answer on affordability of affordable housing. I'm gonna gather that is a county recommendation. State
state. Okay. So that's bigger. Okay. Okay. Okay. Um I think I'm going to skip for now. And Eve, should I um Oh, sorry. Oh, you have the answer.
We found Yes, we found the vacant. Um, so that's listed in the data analysis portion of your packet on page three as part of our carrying capacity analysis. It says all lands not possessing a vacant generalized existing land use designation were removed since they're
less likely to be developed for less. Okay, thank you. That's obscure. Thank you. And do and that's based on the Dior. I think David just alluded. I think just alluded
the notions in policy uh H5 uh 1554 uh affordable housing uh and then residential housing and then uh community affair housing.
it. Is there any way to modify those? There's clearly no space for those right now in the town. Could you um provide me the policy number again? 12 of 55. Okay.
I I'm just trying to understand these these appear to be mandates as opposed I'm sorry. these opposed they appear to be mandates opposed to shall consider and I guess my concern is
I don't know how how the town can comply. So, I'm just trying to understand that we're having rules, take your pick, regulations that are impossible, frankly, under the
land use that we have today and the density limitations that we have today, how they can be framed as mandatory. So, if you can just explain that to me, I'm I'm willing to exceed. I'm just trying
to understand Could you add something like to its ability or I mean given its circumstances or conditions on the ground? I mean Madam Chair or I mean I'm sure it doesn't mean that you have to rip down existing housing to
put it in. There's just a lot of shell language in there with not a not a lot of limited a lot of flexibility in terms of making the determination. And that bothers me because I wouldn't want the commission members to be
against a requirement, a statute, regulation. Take your pick, Madam Chair. Um, yes. First of all, affordable housing is a requirement of of chapter 163 and it has
been for for a long time, 40, 50 years now. So, uh, that's just, you know, one thing that we have to address, period. Um, we do make reference to live local. Again, that's a preeemption.
It's on your commercially zoned and industrially zoned properties. You have no ability to regulate that unless there are certain things in the provision of the law that, you know, the town attorney may have. Uh, so those are some of the things that these are referencing. And then some of the other
things like ship housing, these are programs that are you participate through the county or through the state. So it's not necessarily that you are going to be the ones funding all of this. Um so some of these things aren't
necessarily happening or you know completely within the the town's capability to keep I guess that's my point, right? is it makes it sound like it is. And the question is, is there any
flexibility to changing the wording? Len, I'll I'll defer to you, but it just seems uh is the commission have to put it on its agenda year in and year out and say that it's considering it in order to comply. I'm just trying to understand process.
Yeah. And as uh as the consultant explained, it's really it's just requirement. So like um I know the language you're referring to where it talks about the ship program and housing and urban development that's only done through the county that's coordinated through the county and that's not something that would happen in Highland
Beach. The live local act which was also alluded to as something statutory but again we don't have any property. Well even Delray Sands is not even zone commercial. So we don't have any property so that's not really an issue for the town of Highland Beach but we have to include that language. Um, I'm trying to look at the other
Well, Len, when you said um it's the county that that does US Department of Housing, but it says the town shall coordinate with I mean, shouldn't it be something like we're applicable, you know, or
I mean, we do I I believe the town every town enters into this interlocal with the county where the count, you know, where you sort of assign whatever your entitlements are to to the county and then the county administers the program for the affordable housing. So, um I mean I know what you're saying, but
these are like kind of boilerplate language that everyone has to include. I know it sounds ridiculous to you. Fine with it. Just I'm I'm just raising it. It isn't against any of the totally um incapable of science, right?
So, yeah. In the same way, we're not going to be able to have people not need to use a car to get right like very aspirational idea about how to deal with all of this. Like Madam Chair, we do have at the the very
end of that policy that first one about the ship when necessary. And and which policy number was that? That's the 1.5 page 1.5. So that when necessary and then uh 1.5.7 says as applicable. So,
right. Okay. Maybe and I have to give credit. I believe that's the town manager who inserted that language if I So, I have to give him credit. Thank you. I I just It seemed impossible. Okay. Well, and it is
in in this town. It is because we're we have one main street, right? And we only have one section of the southern end of town that has more than one side of the street.
So there isn't a lot of places to go. Right. Right. That's what makes this town so cool. Okay. Dave, uh my questions which or comments which centered around um build back and density um have already been addressed.
Okay. So that's it. Y Okay, Roger. Good. You're good. Okay. So, I have a few comments and a lot of them dealt with the affordable housing and how you know what that means for us
because we have existing housing unless it burns down and nothing burns down here because it's all concrete. So, you know, unless some unless someone's unless they buy out every condo owner and then rip it down, it's not going to
be an issue, but it could be. Yeah. No, no, there is one thing we dealt with this a little bit. We looked into affordable housing. And part of what at least the county statute says is that it has to be you need affordable
housing if you've got multi-function property meaning like a commercial property that can be part commercial and part residential within a mile I think it was a mile and a half of commercial
property. So it really doesn't work here because we don't have that at all. Right. Okay. All right. So um Okay. So I have one question like this didn't make sense to me. On page zero of
55 of the future land use element, it's the the language says avoid a decline in the level of traffic service with resulting increases in vehicular accidents, noise levels, and air
pollution. Why would a decline in the level of traffic result in increases to accidents and noise levels and pollution? I didn't understand the wording of the sentence. No, I see. But you I see that you just
changed avoidance to avoid, but it still doesn't make sense even if it was existing language. Madam Chair, I'm not I'm not exactly sure why that's in there per se. Again, we this was in the comprehensive plan already. Okay. um happy to to make any
adjustments if you right. Well, I think I I think it should just be adjusted to make sense. So, um a decline in traffic doesn't usually cause increases in vehicular accidents. So, if
someone could believe what it's saying, it's it's not saying service, right? It's the level of service. So decline meaning your level of service is getting worse. Meaning you're going from uh a D to an F. What what is a level of traffic service? What does that mean?
So level of service is the amount of capacity the town has decided you're willing to, you know, accommodate within a specific road type. So if it's a collector, you're going to have, I don't know, 10,000 trips a day, right? for
example, and that maybe that's level of service B and that's your level of service that you've adopted. But if you avoid a decline in that, that means you have less traffic, less service. You're avoiding a decline in the level of
going from level service like C to D. So it's actually more traffic. It's more traffic. It's too think about it. A decline in the level of service. Yeah. It just is. Okay. If you guys think it makes sense, it's fine. Okay. Um, all right. This is like a major
thing for me. Policy FLU 1.1.7 on page one of 55. The town shall consider allowing additional land use classifications which supports the needs of aging population, its aging population demographic. Such uses may
include continuing care or assisted living or a small market. Okay. I I am 72 years old, so I am I am a senior person. And I would tell you right now that I moved to Highland Beach
because it didn't have a market or an assisted living. Okay? And I would absolutely advocate taking that out of this recommendation because I think it's absurd. So, I don't know how the rest of you guys feel about that, but that would be
something that I would not want to have included in this. I agree with you, but I don't know that we can take it out. I think it may just It's for an aging population and you know. Yeah. But that may be one of those things that you have to put in even
though it's never going to apply. Okay. Len, do we have to put that in? Is that some state, county, federal law? Doesn't look like it to me. Okay. Well, then my suggestion is to
take it out. Okay. And a nursing home would be a commercial endeavor and we don't allow commercial endeavors. And parking and traffic and people coming to the market in oh my god in a car. If you're a senior, you don't walk.
So, um, yeah, some of us don't want. Okay. And, um, okay. Um, I don't know what you do with this, but I thought it was interesting that, um, although we have no military
installations near the town, if there is one, we'll um, we'll ensure compatibility of new development with it. I mean, whatever. Okay. Um, okay. And then this is the other one
that really got to me, which is under the transportation. The town supports expansion of present area transit service to include service along A1A and promote its usage to town residents by dissemination of schedule
information and bus stop locations, etc. So, this is another thing that I think would be a disaster for Highland Beach. I mean, to have a bus going up and down A1A that's already so crowded that you can't move and it's stopping all along
the way, it would be it would be taking this highway project and making it like that for the rest of our lives. I don't think we have the authority to decide if a bus is going to go down A1A. I think that falls on an F dot. it maybe it does but we but this says that we
encourage it and I would not encourage it. I mean like encourage no. So I would just take out that we support and encourage it because if they do it and you have no right to say no then you have no right to say no but you don't have to encourage it.
Chair. Yes. And if I can add to this uh actually I remember discussing this with the town manager. Yes. And we purposely put in the word area because it's not here. It doesn't say specifically Highland Beach. says the area. So if there's buses in Bokeh, buses in Delray, it's promoting the
area, not specifically for Highland Beach. But if it's going through Highland Beach, then we then if it if someone came to us and said, "There's a bus going down A1A in Bokeh and we'd like it to go through
Highland Beach and continue through to Del Rey. Do you support that?" Okay. Now they may say you have to have that and we have no choice but I certainly wouldn't want a commission to support it because it makes no sense
to me that's you know so I'll address as needed consider I would just take out the supporting of it and encourage again that's that's language so that's been in the comprehensive plan for say consider either consider defer to
the um Why don't we say shall address as it arises or as necessary as opposed to support? I don't think that I just say consider leave it you know sort of blank consider
rather than necessary because that can prove it's necessary something like that. So those are my main comments. So and plus what you said with the flexibility in the process. So, here's a thought.
I always have thoughts as you know. Um, I do. My thought is that um staff should listen to this meeting and take what we've said. I mean, I'm
sitting here taking notes, but I realize I can't do like I can't draft it as fast as we said it. um and come back to at the next meeting with some language that changes some of
this to provide for our concerns. building back at the density, flexibility in the, you know, in in the process of doing affordable housing, not encouraging supermarkets and assisted living and buses on A1A, that kind of
thing that we've all said concerns us and come up with some proposed language that would amend this for us to be able to say, "Yes, we recommend this whole thing to the commission. with the exception of these are the
things we'd want to change. So then you don't want to make those recommendations today to document itemize those. That's exactly right because I I can't I mean I can't sit here and write them fast enough in you know to draft them. I mean I draft but not in this kind of a
thing. But if that's the case then I'm just looking at the schedule that the commission is supposed to consider this on August 10th. This fifth meeting is it was just very tentative. probably wouldn't have made that anymore. I just want to make sure that that we're not
squeezing sort of obstructing your flow, if you will, to get this approved with the timely dates that you provided us because I I think you're right. So, the next meeting would be August our next meeting would be August 14th, right?
August 14th. Okay. So for August 14th, I you know I assume you'll do a good job and and you know put down what we've all said and then we'll just approve it and they can go one more meeting or something. One question. Uh do we have to respond to the public
comments given here at all? No. I'll defer to them. No, Mr. Rubin. Okay. Okay. So um am I allowed to make a motion? Am I allowed to make a motion or Yes.
If not, suggest what the motion is. Nobody will know. Well, I make a motion if I can or ask someone else to make it that we have staff review our comments on what we'd like changed in in this
whatever it's called before we approve it before we recommend it to the um to the town to the commission. Okay. So that we have some we have we have our our thoughts and concerns codified
as you know an amendment so to speak to the can we table can we just t or yes okay okay okay and so we can t basically we're
tableabling it correct okay so that would okay so that would the motion that we continue this public hearing until August 14th and consider our um our suggestions
to amend this document before we recommend it with the ideas that we gave here. Either so moved or seconded. Okay. And I second let's ask Ingred if she can deal with this before we do.
Well, again, we'll work with the consultant. Again, I maybe the recommendations don't have to be verbatim, but they can be, you know, conceptual and then the commission will consider that. Um, again, uh, how about if we say you'll address the
issues that we've all raised? Okay. summarizing them, it has to do with the build back to capacity requirements, not having um assisted living in commercial stores, not ha if we don't
have to, not having bus service if it was our choice on A1A and having all of this um affordable housing um in some kind of a flexible or process
where um it takes into consideration our physical you know our physical limitations to do it. So those are the four big areas unless I missed anything. Um I don't think it's that much to really
if you think about it it's very limited area that we're discussing right I mean I'm looking over and over and I see like those were the same kind of thoughts over and over. So, and again with affordable housing, as Mr. Dowardry indicated, a lot of it is requirement for statute,
right? But I think we'd like to say that we still, you know, that subject to our conditions here, we'd like that taken into account somehow. Yeah. I I think that would help if we put in language that limits it based on
the physicality of the cow and what is right possible, right? I mean, if you have no possibility of doing something, you shouldn't have to decide to do it, right? I mean, which would mean ripping somebody's hando down so that you could
build a new one that was affordable. So, affordability is right is not the same every place, right? It it's based on the area. so affordable in well land value
of West Palm Beach is not going to be affordable here but that doesn't mean that we're going there but it's just not the same. Somebody says you should have that 25,000 square foot house on the ocean ripped down so that you can put in affordable housing. I mean yeah
we don't have any policy that's well I don't want to again the live local is industrial and commercial zoning we don't have zoning saying it's just a concept and that was an extreme you know extremes happen in the world so
chairwoman uh in your motion was it to bring language back to the planning board just to make sure that yes so that we're happy with it so that we can recommend this whole thing that we were supposed to recommend than today, but with those few changes.
Just wanted to make sure that's okay. Um, so that was a motion sort of second. Do we have a second? Okay. All in favor? Do you want to Let's take a roll call. Yeah. Chairperson Mendelson, yes.
Vice Chairperson Rosen, yes. Member Brown, yes. Member Bobby, yes. Member Pal, yes. Member David, yes. Member Axelrod, yes. Motion carries. Thank you. Okay, so the public hearing is now it's not
closed. It's continued. And um announcements. Oh, that's good. Nothing else. Um July 15th, town commission meeting at 1:30. August 12th, a special magistrate
hearing at 1:00. and August 14th, 9:30 planning board regular meeting back here to finalize what we just did. The meeting is adjourned at 10:34. Okay. What?
Yeah. When Doug was hitting, we were both very concerned about not being able Oh,